Licensing Ordinance

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Licensing Ordinance

Post by Warmonkey » Wed May 14, 2014 3:14 pm

Licensing Ordinance


Author: Kenneth Harrison, J.D.

0000000000


ORDINANCE NO. 022-JS

An Ordinance to establish a local licensing authority, regulate licensing as well as matters incidental thereto.

    THE PEOPLE OF THE CITY OF LOS SANTOS
    DO ORDAIN AS FOLLOWS:

    Section 1. Definitions.

      “Bureau” refers to the Bureau of Licensing as established by this Ordinance.

      “Department of Public Works” refers to the same executive department as established by the Department of Public Works Ordinance.

      “License(s)” refers to a document, article or object which confers permission to do something. Interchangeable with “permit(s)”.

      “Principles of public policy” refers to consistent and equal application of the law with due regard for the consequences of such application within the context of a free society.

    Sec. 2. Bureau of Licensing.

    • (A) The Bureau of Licensing is a subsidiary of the Department of Public Works and the local authority governing and regulating the general licensing affairs of Los Santos.
    • (B) The Bureau is led by the Director of Public Works.
    • (C) Responsibilities and mandate –
      • (i) The Bureau will execute and perform diligently and in good faith any duties, responsibilities or additions to its mandate as conferred or imposed by law.
      • (ii) The Bureau is responsible for the registration of business licenses, including but not limited to the same for gambling institutions, adult entertainment institutions and institutions with the intention of selling alcoholic consumable material.
      • (iii) The Bureau is responsible for enforcing, establishing and regulating hunting and fishing affairs as defined in the Hunting and Fishing Ordinance or related legislation.
      • (iv) The Bureau is responsible for enforcing the relevant licensing provisions of the Education Ordinance.
      • (v) The Bureau is responsible for enforcing and regulating medical licensing in consensual cooperation with the Commissioner of the Fire Department.

    Sec. 3. Licenses.

    GENERAL PROVISIONS

    • (A) The Bureau may at its discretion establish rules of licensing and standards relating the health and safety which apply to any registered business or institution. Such rules or standards must be published. These rules and standards must be fair, reasonable and not conflict with the principles of public policy.
    • (B) The procedure and process of acquiring a license is to be decided by the Bureau. Such procedures and processes must be published. These procedures and processes must be fair, reasonable and not conflict with the principles of public policy.
    • (C) The Bureau may establish new licenses and alter or abolish old licenses. A list of all license types which must be obtained from the Bureau must be published. This must be done fairly and reasonably and cannot conflict with the principles of public policy.
    • (D) For profit organizations which do not under Bureau regulations or rules require a license for operation must file a notice of intention to engage in commercial activity with the Bureau. This notice and its format are to be determined by the Bureau, however must contain the organization's name, the name of the owner(s), the physical address, and a valid contact number for a representative of the organization.

    FEES AND FINES

    • (E) Businesses must pay an initial licensing fee when registering and further monthly fees as determined by the Bureau. Fees must be fair and reasonable.
    • (F) Failure to pay the aforementioned licensing fees will authorize the Bureau to conduct an investigation into the operations of the business in question as to determine why no fee has been paid.
    • (G) The Bureau may impose fines upon businesses which fail to timeously pay licensing fees or violate licensing rules. Such fines may not exceed $50,000 and must be fair, reasonable and not conflict with the principles of public policy.

    REVOCATION

    • (H) Revocation of business licenses
      The Bureau may revoke a business license if –
      • (i) The business has failed to pay the required fees for its lawful operation;
      • (ii) The business has been used to violate the law;
      • (iii) The business has failed to adhere to licensing rules or standards established by the Bureau; and
      • (iv) The business owner has deemed fit to cease operations. When such a course of action is undertaken, the owner must inform the Bureau as to have the business removed from the list of businesses. New owners must apply for a new license.
    • (I) Such aforementioned business license revocation can only take place after reasonable warning has been given by the Bureau under appropriate circumstances.
    • (J) A business is regarded as being “used to violate the law” in terms of Section 3(F)(ii) above when it is being used as a front for criminal activities. For a law enforcement agency to revoke a license in terms of the aforementioned provision, it must provide sufficient evidence to the Bureau to establish whether such business is in fact being used as a front as well as reasonable grounds for the revocation in any other circumstances.
    • (K) Only the Bureau can revoke any licenses granted by the Bureau.
    • (L) Revocation of a license entails the cessation of business, the inability to hunt or act as a teacher. Consequences of the revocation of other licenses shall be implied from the relevant provisions of applicable legislation.

    INSPECTIONS

    • (M) The Bureau may conduct random inspections of the facilities and premises of license holders, including business license holders, hunting license holders and education license holders. No property which is irrelevant to the operation of the business or school or the execution of the hunt may be inspected.

    Sec. 4. Miscellaneous provisions.

    • (A) The Licensing Department Enabling Act of 2013 is hereby repealed in full.

      I hereby certify that the foregoing ordinance was passed by the Council of the City of Los Santos, at its meeting of 28 April, 2014.

        LAOS MASON, City Clerk

        By ___Laos Mason_____
        City Clerk

          Approved 28 April, 2014

            By _Jonathan Schrader__
            Mayor
            Kenneth Harrison, Esq.
            Fmr. Assistant State Clerk
            San Andreas State Legislature
            Hon. Thomas Spencer
            Associate Justice (Ret.)
            Superior Court of San Andreas

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            Re: Licensing Ordinance

            Post by Warmonkey » Sun Nov 09, 2014 5:31 pm

            The Bureau of Licensing has promulgated new regulations in terms of this Ordinance, which should be complied with.

            Business Code
            Kenneth Harrison, Esq.
            Fmr. Assistant State Clerk
            San Andreas State Legislature
            Hon. Thomas Spencer
            Associate Justice (Ret.)
            Superior Court of San Andreas

            Flemwad
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            Re: Licensing Ordinance

            Post by Flemwad » Mon Jun 04, 2018 8:16 pm

            Removed by the Senate. Replaced with: https://forum.ls-rp.io/viewtopic.php?f=120&t=673355

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